Oregon Revised Statutes

Chapter 778 — Port of Portland

67 sections

778.005 Definitions

As used in this chapter, unless the context requires otherwise: “Board” means the board of commissioners of the Port of Portland. “Port” means The Port of Portland. “Elector” means an elector residing in the port. “Portland metropolitan area” means the Oregon portion of a metropolitan statistical area as designated by the United States Office of Manageme…

778.008 Port of Portland granted powers of ports formed under ORS chapter 777; exceptions; additional powers

ORS 777.005 to 777.050, 777.110, 777.120, 777.132 to 777.165, 777.210, 777.220 and 777.405 to 777.435 do not apply to the Port of Portland. Subject to subsection (1) of this section, the Port of Portland has all powers possessed by ports formed under ORS 285A.666 to 285A.732, 777.005 to 777.725, 777.915 to 777.953 and 777.990. ORS 777.530 and 777.535 apply…

778.010 District known as Port of Portland; boundaries; capacity to sue

The Portland metropolitan area is a separate district, to be known as the Port of Portland, and as such shall have perpetual succession, and by that name shall exercise and carry out all the powers and objects conferred on it by law. The port may sue and be sued, plead and be impleaded in all actions, suits or proceedings brought by or against it; provided, …

778.015 Purposes and general powers of port

The object, purpose and occupation of the Port of Portland shall be to promote the maritime, shipping, aviation, commercial and industrial interests of the port as by law specifically authorized. Subject to ORS 778.016, the port may acquire, hold, use, dispose of and convey real and personal property, make any and all contracts the making of which is not by …

778.016 Best value standards for Port of Portland contracts and space leases

In awarding contracts and leasing spaces, the Port of Portland may establish best value standards and criteria, taking into account factors that include: Experience, technical capability and past performance. The qualifications, compensation and retention policies of bidding contractors and lessees with respect to the staff and subcontractors operating at …

778.020 Acquisition of City of Portland property by port; assumption of bonds; election

The Port of Portland may purchase or otherwise acquire all or any of the docks, wharves, elevators, terminals, dry docks and other properties of the City of Portland that are under the charge and control of the dock commission of the city. If the port purchases or otherwise acquires property as provided by subsection (1) of this section, the port may in pay…

778.025 Power to engage in certain commercial activities

For the use of the Port of Portland or for public convenience and the convenience of air transport, shipping, commercial and industrial development of the port and the waterfront of its harbors, rivers and waterways, the port may: Acquire by purchase, condemnation or other lawful method lands necessary for its use or to be improved for public convenience an…

778.030 Power to issue general obligation bonds; limitation; dedication of revenues; use of proceeds

For the purpose of carrying into effect any of the powers granted to the Port of Portland, the port has the power to borrow money and to sell and dispose of bonds which shall constitute a general obligation of the port and be secured by the port’s full faith and credit. Such bonds outstanding at one time shall never exceed in the aggregate one and three-four…

778.035 [Amended by 1971 c.728 §108; repealed by 1977 c.33 §2 (778.036 enacted in lieu of 778.035)]

778.036 Issuance of bonds

Bonds authorized by ORS 778.030 shall be issued as prescribed in ORS chapter 287A.

778.040 General obligation bond issues to be approved by electors

General obligation bonds shall not be issued by the Port of Portland to provide funds for the establishment or operation of surface ship and air lines or for the payment of bonuses to either such line or lines without the approval of the electors of the port expressed at an election called and held within the port at which such question is submitted. Whenev…

778.045 Amount of general obligation bonds issued in one year limited

The total amount of general obligation bonds issued by the Port of Portland in any calendar year, except for refunding bonds or bonds issued to provide funds to meet obligations assumed pursuant to ORS 778.020, shall not exceed $3 million unless a greater amount is approved by the electors of the port at an election at which such question is submitted.

778.050 [Amended by 1971 c.728 §111; repealed by 1977 c.33 §4]

778.055 [Amended by 1971 c.728 §112; repealed by 1977 c.33 §4]

778.060 Expenditure of bond sale funds for operating expenses limited

The board shall not expend, within any one calendar year, from the funds derived from the sale of bonds, in excess of $500,000 to meet the operating expenses of the Port of Portland. As used in this section “operating expenses” means the maintenance of plant, structures and equipment and such dredging as may be required to preserve or restore at or to its ar…

778.065 Port taxing power; annual limitation

The Port of Portland may each year assess, levy and collect taxes upon all taxable real and personal property situated within its boundaries as required: To pay principal and interest on bonds issued under ORS 778.030; To pay bonds, debentures and other obligations of the City of Portland assumed under ORS 778.020; and To pay all other expenses that may b…

778.068 Filing boundary change with county assessor and Department of Revenue

For purposes of ad valorem taxation, a boundary change must be filed in final approved form with the county assessor and the Department of Revenue as provided in ORS 308.225.

778.070 Tax levy

Taxes authorized by ORS 778.065 shall be levied in each year and returned to the county officers whose duty it is to extend the tax roll by the time required by law for city taxes to be levied and extended. The county officer whose duty it is to extend the county levy shall extend the levy of the Port of Portland in the same manner city taxes are extended. …

778.073 Recreational facilities; development; operation; maintenance

The Port of Portland may construct, operate, equip and maintain public parks, marinas and other recreational facilities on land owned by the port when such facilities may be developed in conjunction with the exercise by the port of any of its other powers. The port may convey the land and recreational facilities developed under this section to a political s…

778.075 [Repealed by 1971 c.728 §138]

778.080 [Amended by 1963 c.145 §1; repealed by 1971 c.728 §138]

778.085 Control over port waters and wharf lines; adoption and enforcement of navigational rules; authority to establish penalties; limitation

To the full extent the State of Oregon might exercise control, or grant to the Port of Portland the right to exercise control, the port has full control of the rivers, harbors and waterways within its boundaries and between its boundaries and the sea. The port may make, change or abolish wharf lines of, in and for the rivers, harbors and waterways within it…

778.090 Rights of riparian owners and owners of moorage facilities

Where it is necessary to widen the general channel or improve the navigation of the rivers or sloughs by requiring the removal or destruction of moorage facilities for houseboats, boathouses or pleasure craft in the rivers or sloughs, or by establishing or reestablishing wharf lines that have the effect of destroying or impairing the riparian rights of the a…

778.095 Eminent domain power

The Port of Portland may acquire, by condemnation or otherwise, private property necessary or convenient in carrying out any power granted the port. The right to acquire property by condemnation shall be exercised as provided by ORS chapter 35.

778.100 Reclamation of lands within port limits; assessments; lien; hearing; appeal

When the Port of Portland contemplates the filling or reclamation of any low, swamp or submersible land within its territory held in private ownership, it may provide by ordinance for assessment by the board of the damages and benefits to be sustained by and to accrue to the land by reason of the filling or reclamation. In making the assessment the question …

778.105 Port required to contract for work and materials; dry docks; bids

Except in cases of emergency and except for ordinary current repair work necessary from day to day, all material purchased for and all work done in, on or for any dry dock, dredge, boat, scow or other appliance to be built, owned or operated by the Port of Portland, when the purchase is made or the work is done by construction, alteration or general overhaul…

778.110 Personnel; membership in retirement systems

The Port of Portland may employ engineers, superintendents, mechanics, clerks and other persons as necessary or convenient in carrying on its work and fix their rates of compensation. No employee of the port shall become a member of the Public Employees Retirement System if membership of the employee in the system would result in coverage of the employee by…

778.115 Improvement contracts with federal government

The Port of Portland may contract with the United States Government to do all or part of the work of making, maintaining, or both, a depth of water in the rivers, harbors and waterways within its boundaries and between its boundaries and the sea as determined by the federal government. The port may receive therefor compensation as agreed between the federal …

778.120 Operation of chapter upon rights of other entities within port limits

Nothing in this chapter is intended to grant the Port of Portland authority to interfere with or detract from the general rights and powers of a city or a school or road district that is located in whole or in part within the boundaries of the port. However, the port has full power to carry out and fulfill the purpose of its creation, and to exercise its pow…

778.125 Port assistance to other governmental units within port boundaries

Consistent with the purposes, functions and powers granted to it by law, the Port of Portland may provide research or technical assistance for the planning, promotion or implementation of commercial, industrial or economic development projects upon request by any city, county or municipal corporation within the port. REVENUE BONDS

778.145 Issuance of revenue bonds; election; use of proceeds; status of bonds

For the purpose of carrying into effect all or any of the powers granted to ports, the Port of Portland may from time to time issue and sell revenue bonds without the necessity of the electors of the port authorizing the same. Proceeds from the sale of such bonds may be used also to cover the costs incurred in issuing such bonds, and preliminary work inciden…

778.150 Ordinance authorizing revenue bonds; content; special trust funds; trustees; enforcement

Revenue bonds issued under ORS 778.145 (1) shall be authorized at a meeting by ordinance of the board. The ordinance may provide for the creation of special trust funds and may authorize the appointment of a trustee to administer the same, and may obligate the Port of Portland to set aside and pay into a special trust fund for the purpose of securing revenue…

778.155 Form and content of bonds

The revenue bonds issued and sold under ORS 778.145 (1): Shall be deemed to be for all purposes negotiable instruments, subject only to the provisions of the bonds for registration, and need not comply with requirements of the Uniform Commercial Code. May be issued in one or more series, bear such date or dates, mature at such times and in such amounts, be…

778.160 Borrowing in anticipation of bond sale; bond anticipation notes; content; sale

The Port of Portland shall have the power, at any time and from time to time after the issuance of bonds under ORS 778.145 to 778.175 have been authorized, to borrow money for the purposes for which such bonds are to be issued in anticipation of the receipt of the proceeds of the sale of such bonds and within the authorized maximum amount of such bond issue.…

778.165 Sale of revenue bonds

The board may from time to time sell revenue bonds authorized to be issued and sold pursuant to ORS 778.145 to 778.175, at public or private sale, in the manner and at such price or prices as it shall determine.

778.170 Bonds as obligations of political subdivision

Revenue bonds including refunding revenue bonds issued under ORS 778.145 to 778.175 shall be considered to be bonds or obligations of a political subdivision of the State of Oregon for the purposes of all laws of the state.

778.175 Effect of ORS 778.145 to 778.175

ORS 778.145 to 778.175 is additional, alternative and supplemental authority for the Port of Portland and shall not abrogate any power, right or authority otherwise granted by law to the port. BOARD OF COMMISSIONERS OF THE PORT OF PORTLAND

778.205 Board of commissioners; general powers

The power and authority given to the Port of Portland is vested in and shall be exercised by a board of nine commissioners. The board may exercise such powers, at regular or special meetings, as is usual and customary with similar bodies.

778.210 Qualifications of members

The board shall be composed of residents of the State of Oregon. The Governor shall make appointments to the board so as to assure that not fewer than two board members are residents of each county constituting the port district. A person is eligible for appointment as a commissioner of the Port of Portland who at the time of the appointment is a citizen of…

778.215 Appointment; confirmation; vacancies

Upon the expiration of the term of a commissioner, a successor shall be appointed by the Governor, subject to confirmation as provided by ORS 171.562 and 171.565. Except as provided in ORS 778.220 and 778.235, appointees, when confirmed, shall hold office for a term of four years and until their respective successors have been appointed, confirmed and qualif…

778.220 Removal

If the Governor is at any time satisfied that a commissioner has been guilty of malfeasance in office, the Governor may file with the Secretary of State a written statement of the acts of the commissioner constituting the malfeasance. Thereupon the Secretary of State shall transmit a copy of the statement to the commissioner named and another copy to the cle…

778.225 Meetings; rules; quorum; executive committee

The board shall hold at least one regular meeting in each month on a day to be fixed by it, and may hold special meetings as provided by the rules of the board. At all regular and special meetings a majority of the commissioners then members of the board constitutes a quorum. The board may create an executive committee of which every commissioner shall be a…

778.230 Board officers

The Governor shall designate one member of the board as president of the board, who shall hold that office until removed from it by the Governor. The president of the board shall have the powers and perform the duties usual to the office of president. The president of the board shall designate from the other members of the board a vice president, treasurer …

778.235 Causes of vacancies; leaves of absence

If a commissioner appointed pursuant to ORS 778.215 refuses to serve, ceases to have the qualifications required by ORS 778.210 (1) or fails to attend for the period of 60 successive days any of the regular or special meetings of the board regularly and duly called and held, the commissioner’s place on the board is vacant. The board may grant a leave of abs…

778.240 [Amended by 1971 c.728 §132; repealed by 2001 c.883 §1]

778.245 [Amended by 1961 c.673 §1; 1971 c.728 §133; repealed by 1975 c.771 §33]

778.250 [Repealed by 1971 c.728 §138]

778.255 Enactment of port ordinances; effective date; passage; effect of referendum

The board may legislate with respect to the internal affairs of the Port of Portland by the adoption of ordinances. Every ordinance enacted by the board shall be preceded by an enacting clause substantially as follows: “Be It Enacted by The Port of Portland.” Except as otherwise provided by this section, in order to be effective, all ordinances require the …

778.260 Ordinances for regulating use of port properties; port peace officers; jurisdiction

The board of the Port of Portland in accordance with ORS 198.510 to 198.600 may by ordinance adopt, amend or repeal regulations as convenient or necessary to provide for policing or regulating the use of properties owned, operated, maintained or controlled by the port and of facilities located at or in conjunction with these properties. The port may appoint…

778.270 Initiative and referendum procedures

Except as provided in this section, the electors of the Port of Portland may exercise the powers of the initiative and referendum, with reference to ordinances of the board, in accordance with ORS 255.135 to 255.205. A referendum petition shall be filed not more than 30 days after the date the ordinance is adopted.

778.405 [Repealed by 1971 c.728 §138]

778.410 [Repealed by 1971 c.728 §138]

778.415 [Repealed by 1971 c.728 §138]

778.420 [Repealed by 1971 c.728 §138]

778.425 [Repealed by 1971 c.728 §138]

778.430 [Repealed by 1971 c.728 §138]

778.435 [Repealed by 1971 c.728 §138]

778.440 [Amended by 1963 c.9 §41; repealed by 1971 c.728 §138]

778.445 [Amended by 1971 c.647 §144; repealed by 1971 c.728 §138]

778.450 [Amended by 1971 c.647 §145; repealed by 1971 c.728 §138]

778.455 [Repealed by 1971 c.728 §138]

778.460 [Repealed by 1971 c.728 §138]

778.465 [Amended by 1963 c.9 §42; repealed by 1971 c.728 §138]

778.470 [Repealed by 1971 c.728 §138]

778.475 [Repealed by 1971 c.728 §138]

778.480 [Repealed by 1971 c.728 §138]

PENALTIES

778.990 Penalties

Any person who violates an ordinance adopted by the board of the Port of Portland under ORS 778.085 or 778.260 commits a Class A misdemeanor. _______________ CHAPTER 779 [Reserved for expansion]